“Traditional marriage is the foundation of society and has served our state well for centuries. California’s constitutional marriage amendment exists to strengthen society, encourage monogamous and loving marriages and to provide the optimal environment to ensure the well being of children. Thirty-one other states, including California have voted on this issue and every single one decided against legalizing same-sex marriage and instead upheld traditional marriage. California has voted on the issue twice and the people’s voice has been resounding: marriage is between one man and one woman.”

I want to break down that paragraph but before I do, I ask that you notice that in no way does it argue from to Justice, the Constitution or basic precepts of our founding fathers, compassion, or the virtues of a secure, harmonious society. It does not, nor can it, be supported by the progress of expanding freedom and equality which marks our nation’s history nor does it appeal to the core of our great historical faiths.

Please allow me to break it down a bit.“Traditional marriage…”
Whose tradition? Even if humans revealed to have a universal and consistent behavior or cultural expression, American ideals and virtues of law have never and could not successfully uphold it. Suppose that all people around the world from the dawn of recorded history said that marriage could only be recognized as one man and woman at a time (which is not so) that could not compel our laws to enshrine it.
But marriage isn’t a social construct that is consistent from people to people, religion to religion, or over time. When someone says “traditional marriage” a person of good conscience and thoughtful disposition may counter with “whose tradition? Are you operating from an imagined and mythic model? And are you further supposing that that one figment of your redacted and reductionist ‘history’ shall apply to all people in California despite their ‘traditions’?”

“is the foundation of society…”
Slavery was the foundation of America’s society, culture, and economy for over a hundred years and segregation for many more. What ‘foundations’ of our society are inherently worth keeping? Is religion a foundation of our society? Many might argue ‘yes’. Should religious feelings or expressions be mandated?
Some might say that compassion, equity, law, and neighborly love are foundations of not only ‘society’ but a ‘healthy civil society’. To those that would say that, America’s history bears out that you are correct and that is the due course of our nation’s promises.

“and has served our state well for centuries…”
You mean California? A state where violence against people based on their identity still is pervasive?
Jessica Hansen-Weaver writes:
“…Avy Skolnik, a coordinator with the New York-based National Coalition of Anti-Violence Programs, noted, ‘Anytime there is an anti-LGBT initiative, we tend to see spikes both in the numbers and the severity of attacks. People feel this extra entitlement to act out their prejudice.’….”http://socialistworker.org/2009/01/19/anti-gay-hate-crimes

Can California not improve? Could it not be possible that when a state upholds law, the Constitution, and moves towards the equal treatment and non-discrimination of any people civil goodness will surely follow?
Anytime a person says “Things are going pretty well. Let’s not change anything!” A person disposed towards justice will ask: “What unfair privileges of race, class, religion, gender, or hetero-normativity do you enjoy? What are you protecting? Justice or your privilege?”

“California’s constitutional marriage amendment exists to strengthen society, encourage monogamous and loving marriages and to provide the optimal environment to ensure the well being of children…”
Note that it only notes the stated intention of the amendment. It cannot truly and honesty state that it is effective towards these ends. I challenge anyone to demonstrate how Prop 8 has in any way ‘strengthened society’ since its inception. I dare someone to (with a straight face) argue that monogamous and loving marriages are encouraged. Let’s call Charlie Sheen and ask him how his marriage has benefited so far. Let’s ask the thousands upon thousands of couples that file for divorce or sneak around hiding their infidelity. Let’s ask the children of LGBTQ folk who cannot get married how well they are because their parents can’t marry. This statement above challenges hardens the heart and sears the conscience.

“Thirty-one other states, including California have voted on this issue and every single one decided against legalizing same-sex marriage and instead upheld traditional marriage. California has voted on the issue twice and the people’s voice has been resounding: marriage is between one man and one woman.”What they don’t mention are the instances of states and nations that have afforded full protection of all people without discrimination.
Are these examples against the law? Criminal?
How are Norway, South Africa, Spain, Sweden revealing the negative results of equality? Iowa? Has the media turned a blind eye to the social destruction that has occurred in Vermont?

What this statement affirms is that while there are no negatives to equality before the law, there are still people who wish to discriminate in some places of the world. The good news is that in California, the slim margin of those who wanted discrimination barely won and their numbers are melting away each day.

The largest affront to American ideas, ethics, justice and the conscience is the insinuation here that “majority rules”. This is not the American way. Even if a vote were held today in America where the resulting action took away women’s right to vote, would that make it Constitutional? Just? Ethical?
America has and always will have the promise of protecting the minority from the majority. Might does not make right.

Thankfully we live in a country where, albeit slowly and hard fought, justice expands.
I live in California and I want all people here to have equal treatment before the law. I want the courts to be a safe haven where reason, fairness, and good conscience rule the day. I want to be able to look at my friends and loved ones from LGBTQ communities and not be ashamed of my state protected privileges over them.
I am a proud Catholic and I will not stand idly by and watch my neighbor come under the oppression and marginalization of a uncompassionate law. Rather, I am determined to love my neighbor as myself and seek greater justice by strengthening the bonds made of human dignity and profound faithful love.